Ex parte STARNES - Page 7




                  Appeal No. 1997-0467                                                                                                                    
                  Application 08/318,019                                                                                                                  



                  examiner has not established a prima facie case of non-enablement with adequate                                                         
                  reasons or evidence.                                                                                                                    
                           Accordingly, the rejection of claim 17 under 35 U.S.C. § 112, first paragraph, is                                              
                  reversed.                                                                                                                               
                           In conclusion, we do not sustain the examiner's rejection of claims 15, 16, and 18                                             
                  through 22 under 35 U.S.C. § 103.  Nor do we sustain the rejection of claim 17 under 35                                                 
                  U.S.C. § 112, first paragraph.  The examiner's decision rejecting claims                                                                
                  15 through 22 is reversed.                                                                                                              
                                                                    REVERSED                                                                              



                                                                                                   )                                                      
                                             SHERMAN D. WINTERS                                    )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             WILLIAM F. SMITH                             )                                                               
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             TONI R. SCHEINER                             )                                                               
                                             Administrative Patent Judge                           )                                                      
                  SDW/cam                                                                                                                                 


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